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that a perceived subsequent opportunity *_o comment pursuant to <br />public notice by newspaper is not an appropriate protection to <br />the special legal rights they were and ar.e entitled to as surface - <br />ownership interests. <br />2. Had the Alle^ Brothers been afforded their legal right <br />to receive written notice and opportunity to comment on the <br />proposed post-mining land use and reclamation plan of the Blue <br />Ribbon mine, it is their considered opinion that they would have <br />objected to tine proposed post-:nining land use of wildlife habitat <br />and grazing. The Allen Brothers would have requested, and now do <br />request, revision of the proposed post-mining land uses to <br />include industrial use so that *_heir contractual rights to <br />consider further mining activity upon the surrender of this <br />agreement could be considered and accommodated in the proposed <br />reclamation plan. in this same regard, the Allen Brothers <br />believe, and now assert, that they would request that the access <br />road to the portal remain in place and that the portal be <br />reclaimed to the degree that safe and reasonable access and entry <br />to the underground workings o[ the Blue Ribbon mine be maintained <br />as required in Section 11 of the 1975 agreement. <br />it should be noted that Allen Brothers are requesting that <br />the post-mining land use and the implementing reclamation plan be <br />revised to insure their long time intent and contractual right to <br />access the underground workings of the Blue Ribbon mine. It is <br />understood by the Allen Brothers that should they, or any <br />subsequent purchaser of this property, intend to operate a coal <br />nine that such parties would have *_o submit and pursue the <br />appropriate application for coal mining and reclamation permit <br />under the applicable laws of the State of Colorado. <br />Allen Brothers Coal Company respectfully request the Mined <br />Land Reclamation Division to delay any further action on the <br />pending Blue Ribbon Coal Company's partial bond release request <br />so that the involved parties might consider appropriate means <br />under Colorado law to revise the post-mining land use designation <br />and reclamation plan to recognize the contractual interests and <br />rights of the Allen Brothers. <br />-3- <br />ass <br />